Law:

Section:

Constitution of Pakistan (1973)---Art.185(3)--Election--Documentary evidence showing that polling was interrupted at a polling station by firing which was beyond the powers of the Presiding Officer to control and continue polling until the specified time-­Election Tribunal declared result of disputed polling station as void, deseated the petitioner and ordered re-election--Order maintained by High Court in writ petition--Petitioner was unable to establish any legal defect justifying interference--Leave to appeal dismissed.--[Election]. ORDER USMAN ALI SHAH, J.--This petition for leave to appeal is directed against the judgment of Peshawar High Court, Peshawar, dated 6-3-1989, whereby, writ petition of Niaz Gul petitioner was dismissed. Briefly the facts are that the petitioner and respondent No.1 along with respondents No.4-11 were the contesting candidates for the membership of District Council Karkak, Ward No.14, Chowkara, in which the petitioner was declared by the Returning Officer as elected to the said seat vide Notification dated, 2-12-1987. Muhammad Rahman respondent No.l herein challenged the election of the petitioner to the said seat on the ground that the polling station No.42 G.H.S. Chowkara both of male and female was interrupted at 3.45 p.m. due to which the polling ryas stopped by the Presiding Officer. Report to this effect was given to the Returning Officer, but no action for fresh election in the said polling station was taken by him. Respondent No.l challenged the said election before the Election Tribunal. On the pleadings of the parties the learned Tribunal framed contesting issues and after recording evidence of both the parties in this regard, declared the result of the disputed polling station as void, the petitioner was deseated and re-election on the disputed polling station was immediately ordered. It was also directed by the learned Tribunal that out of the two candidates i.e. Niaz Gul and Muhammad Rahman, any one who secures majority of votes on all the four polling stations after re-polling in the disputed polling station, is to be declared as elected candidate for the said seat. Niaz Gul petitioner challenged this order in a writ…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492